Legal Definitions - ex assensu suo

Ex assensu suo is a Latin legal phrase that translates to "with his assent" or "by his consent." In legal practice, it refers to a situation where a court issues a judgment against a party who has failed to respond to a lawsuit or appear in court.

The "assent" in this context is not active agreement, but rather an implied consent. By choosing not to defend themselves or challenge the claims made against them, the defaulting party is considered to have implicitly agreed to the judgment sought by the opposing side. This principle is most commonly applied in default judgments, particularly when a court awards damages.

Here are a few examples to illustrate this concept:

• Imagine a small graphic design firm that provided services to a client but was never paid for the work. The firm sues the client for the outstanding invoice amount. The client receives the lawsuit papers but decides not to respond to the court or hire an attorney. After the legally mandated period for a response passes, the graphic design firm asks the court for a default judgment. The court grants the judgment for the unpaid amount, noting it is issued ex assensu suo. This means the court views the client's failure to respond as an implied agreement to the firm's claim, leading to the judgment against them.

• Consider a situation where a car owner causes an accident and damages another vehicle. The owner of the damaged car sues the at-fault driver for the cost of repairs. The at-fault driver is properly served with the lawsuit but ignores it, believing the issue will simply go away. When the deadline for filing a response passes, the plaintiff (owner of the damaged car) requests a default judgment. The court then enters a judgment against the at-fault driver for the repair costs, stating it is ex assensu suo. The driver's silence and lack of defense are interpreted as an implied acceptance of responsibility and the amount claimed.

• Suppose a homeowner hires a contractor for a renovation project, pays a significant deposit, but the contractor abandons the job without completing the work. The homeowner sues the contractor to recover the deposit and additional costs incurred due to the unfinished project. The contractor, perhaps having moved or simply avoiding the legal process, does not file any documents with the court to dispute the homeowner's claims. The court, upon the homeowner's request, issues a default judgment against the contractor for the requested amount. This judgment is made ex assensu suo, as the contractor's failure to participate in the legal proceedings is taken as an implied agreement to the homeowner's allegations and the resulting financial award.